Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 27

Consequences of certificate for pre‑trial proceedings

             (1)  If a proceeding is covered by paragraph 14(a) (about a proceeding involving a trial) and, under section 26, the Attorney‑General gives a potential discloser a certificate at any time during a part of the proceeding that takes place before the trial begins, the certificate is conclusive evidence, during that part of the proceeding and any later part that takes place before the hearing mentioned in paragraph (3)(a) begins, that disclosure of the information in the proceeding is likely to prejudice national security.

Consequences of certificate for extradition proceedings

             (2)  If a proceeding is covered by paragraph 14(b) (about extradition proceedings) and, under section 26, the Attorney‑General gives a potential discloser a certificate at any time before or during the proceeding, the certificate is conclusive evidence during the proceeding that disclosure of the information in the proceeding is likely to prejudice national security.

Court hearing

             (3)  If a proceeding is covered by paragraph 14(a) (about a proceeding involving a trial) and, under section 26, the Attorney‑General gives a potential discloser a certificate at any time during the proceeding, the court must:

                     (a)  in any case where the certificate is given to the court before the trial begins—before the trial begins, hold a hearing to decide whether to make an order under section 31 in relation to the disclosure of the information; or

                     (b)  if subparagraph 26(1)(a)(i) or (iii) applies and the certificate is given to the court after the trial begins—continue the adjournment of the proceeding mentioned in subsection 24(4) or 25(7) for the purpose of holding a hearing to decide whether to make an order under section 31 in relation to the disclosure of the information; or

                     (c)  if subparagraph 26(1)(a)(ii) applies and the certificate is given to the court after the trial begins—adjourn the proceeding for the purpose of holding a hearing to decide whether to make an order under section 31 in relation to the disclosure of the information.

             (4)  If the Attorney‑General revokes the certificate at any time while the proceeding is adjourned or the hearing is being held, the court must end the adjournment or the hearing.

             (5)  The closed hearing requirements apply to the hearing.